Facts: Uncle made a proposition to nephew saying, "If you will not drink any liquor, will not smoke, will not play cards or billiards until you are 21, I will give you $5,000 that day." When nephew turned 21, he wrote to uncle saying, "I am twenty-one years old today and I am now my own boss, and I believe, according to agreement, that there is due my five thousand dollars." Uncle wrote back "I have no doubt but what you have, for which you shall have $5,000, as I promised you. I had the money in the bank the day you were 21 years old that I intended for you, and you shall have the money certain." Uncle died before paying nephew and the executor of the estate refused to pay.